HC: Writs pertaining to industrial disputes cannot be listed unless 'exceptional circumstances' are  shown [Read Order]

The Delhi High Court recently stated that a writ petition dealing with an industrial dispute shall not be listed unless it mention or lists the “exceptional circumstances” in the synopsis and also in its opening paragraphs.

Case of the Petitioner

The writ petition was instituted by the Trade Union of PTI employees and Federation of four PTI Employees ‘Union.

The Petitioner’s contended the retrenchment as being unlawful on several grounds inter alia that PTI employees was amenable to writ jurisdiction and that it qualified as a “factory” within the ambit of Section 2 (M) of the Factories Act.

Moreover the Petitioners contended retrenchment can be challenged as it was against Sections 9A, 25-H, 25-N, 25-F, 25-G of the Industrial Disputes Act and Section 16A of the Working Journalists Act, 1955.

Case of the Respondent

The PTI however questioned on the jurisdiction of the Petitioners and challenged the same by stating the present writ petition is not maintainable as being a company formed under the Companies Act, it was not amenable to writ jurisdiction.

Further it was contented that actions of PTI in respect of employer- employee relationship could not be challenged under writ jurisdiction when there is already a statutory remedy at hand being given to the retrenched employees under the Industrial Dispute Act.

Observation of the Court

The Court ruled upheld the contention that the writ petition is not maintainable as the retrenched employees have an alternate remedy to challenge retrenchment under the Industrial Disputes Act.

The Court took the Supreme Court judgment as precedent  and reinstated that unless exceptional circumstances are not present explicitly in the synopsis or in the opening paragraphs of the writ, the same will act as a limitation and will lead to dismissal of the writ petition instituted under Article 226 of the Constitution.

Moreover the Court also pointed out that in the present dispute not only were the exceptional circumstances were absent but also the dispute in question were pertaining to disputed facts which certainly cannot be entertained via writ jurisdiction.

The Supreme Court vividly stated “Disputed questions of fact are required to be adjudicated by the Industrial Tribunal on the basis of the evidence led by the parties”

Thus the Court ordered “There are no “Exceptional Circumstances” to exercise the writ jurisdiction in the present writ petitions. If the writ jurisdiction is exercised in the present cases, it would violate the well settled principles of law laid down by the Supreme Court.

Case Details:

Before: Delhi High Court

Case Title: PTI Employees Union v. Press Trust of India

Quorum: Hon’ble Mr. Justice JR Midha

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